The incrimination of the trafficking in migrants in the national and international legislation

• Author: Camelia Serban Morareanu
• Position: Lecturer Ph.D. University of Pitesti; Prosecutor - The Prosecutor' Office of the Court of Appeal Pitesti
• Pages: 149-153

THE INCRIMINATION OF THE TRAFFICKING IN MIGRANTS IN THE NATIONAL AND

INTERNATIONAL LEGISLATION

Camelia Şerban Morreanu*

Abstract

During recent deca des, the migra tion flows towards the industr ialized countries were based on a

variety of causes and factors, a mong which we can mention: armed conflicts, famine, natura l disasters, flagr ant

violations of human rights, deplor able economic conditions, etc. The knowledge of the migration phenomenon-

often accompan ied by numerous cr iminal facts and deeds-deter mined the countries to take actions in or der to

understa nd and to contr ol it. In the present study, we have pr oposed a brief review of those forms of illega l

migration, against which, both interna tionally a nd internally, a number of lega l instruments ha ve been

developed with a view to incriminate a nd to sanction them.

Keywords: migra nts, trafficking, crime, legal instru ments.

Introduction

In a pproaching the issue of the criminal forms of migra tion, we must distinguish two notions,

respectively legal migration a nd illegal migration.

Legal migration

1 is the form widely a ccepted by all the countr ies of the world, as it can be controlled

in number of people and jobs, in which r espect, countries enter into agr eements, tr eaties a nd conventions by

which they provide facilities to the workers who migra te legally and by which they commit to r espect the legal

employment conditions and social p rotection as for their own citizens.

Illegal migration is the alter native commonly used by people who do no use the legal path to go

abroa d. A component of human trafficking, illega l migra tion r epresents a very extended a nd uncontrollable

phenomenon, due to criminal networks a nd to the ing enuity of the cr iminals. To all these, differences in the

legislation of the source, transit or target countries are added, which hinder the battle of the authorities to fight

this phenomenon. One cannot omit the contr ibution of the migrants who, in order to attain their goal, or under

traffickers’ threats or indications, deny any connection with the persons or the criminal grou ps.

UNO statistics show tha t the profits obtained from interna tional tra fficking in human beings - including

internatio nal pr ocurement, tr afficking of the beggars, of the handica pped a nd of children as well as illegal

migration- from the begin ning of the XX-th century to the pr esent, had been higher than by near ly 50% than the

profits obta ined from the internationa l trafficking of stolen vehicles and with 25% higher than those obta ined

from drug tra fficking.

* Lecturer Ph.D. University of Piteşti; Prosecutor – The Prosecutor’ Office of the Court of Appeal Piteşti, e-mail:

cameliamorareanu@yahoo.com.

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innovations in the area, i n 2010, in Revue Europeenne Du Droit Social, no.7/ 2010, pp.43-61; Elise Vâlcu, Introducere în dreptul comunitar,

Curs pentru studeni, Sitech Publishing House, Craiova, 2010, pp. 53-59;